CRIMINAL ACTION - It is an action by which the State prosecutes a person for an act or omission punishable by law.

For offenses which require preliminary investigation: By filingthe complaint with the proper officer for preliminary investigation. - Refers to a complaint-affidavit, and is different from the complaint defined in Section 3 of Rule 110. - Preliminary investigation is required for offenses where the penalty prescribed by law is at least 4 years, 2 months and 1 day of imprisonment without regard to the fine (Rule 112, Sec. 1, Par. 2).

For all other offenses, or for offenses which are penalized bylaw with lower than at least 4 years, 2 months and 1 day withoutregard to the fine:Instituted directly with the MTC and MCTC,or the complaint is filed with the Office of the Prosecutor.

In Manila and other chartered cities, the complaint shall befiled with the Office of the Prosecutor unless otherwiseprovided in their charters.

NOTE: A complaint for offenses cognizable by the RTC is NOTfiled directly with the RTC either for purposes of preliminaryinvestigation or for commencement of the criminal prosecution.

DOES NOT APPLY: To offenses subject to summary procedure.

Effect of institution of the Criminal Action: The institutionof the criminal action interrupts the running of the period ofprescription of the offense charged.

UNLESS: otherwise provided in special laws.

Act No. 3323 governs the prescriptive periods of violations ofspecial laws, or offenses other than those penalized under theRevised Penal Code.

NOTE: With respect to offenses penalized by special laws, thefiling of the complaint or information in court is the one thatinterrupts the prescriptive period and not the filing of thecomplaint in the proper office for purposes of conducting apreliminary investigation (Zaldivar v. Reyes, 211 SCRA 277).

The filing of a complaint for purposes of preliminaryinvestigation starts the prosecution process.

REQUISITES OF A COMPLAINT OR INFORMATION1. in writing2. in the name of the People of the Philippines3. Against all persons who appear to be responsible for the offense involved.

Who is the real offended party? - The People of the Philippines, but since the crime is also an outrage against the offended party, he is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein.